Ascend Imaging, LLC

Owner: Micah H. Oberholzer

144 Addison Ave.

Greencastle, PA 17225

717-830-5191

ascendimaging@gmail.com

January 17, 2016

US Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 - Aerial photography, cinematography, 

videography, mapping and photogrammetry, crop surveying, inspections, appraisals and insurance evaluation

Attachments

Please see the following URL for downloading or viewing of related attachments including the DJI Inspire 1, 

Phantom 3, and the 3DR Solo user manuals. DJI manuals may be found in the “Downloads” link at the bottom of 

the information pages:

http://www.dji.com/product/inspire-1

http://www.dji.com/product/phantom-3-standard

http://3drobotics.com/wp-content/uploads/2015/07/v4_07_07_15.pdf

References

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481in the matter ofthe petition of DOUGLAS

TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the matter of the petition of ADVANCED 

AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matter of the petition of FLYING CAM

INC

4) FAA Exemption No. 14323, Regulatory Docket No. FAA-2015-5080 in the matter of the petition of CARL 

SILVERSTEIN

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 of the FAA 

Modernization and Reform Act of 2012, Ascend Imaging, LLC, referred to hereafter as the petitioner, requests

exemption from the following sections of Title 14, Code of Federal Regulations §§

• 61.113(a);

• 61.113(b);

• 91.119(c);

• 91.121;

• 91.151(a);

• 91.405(a);

• 91.407(a)(1);
• 91.409(a)(1);

• 91.409(a)(2);

• 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by the Federal Aviation

Administration (FAA) for the purposes of aerialphotography, cinematography, videography, mapping, crop surveying, 

inspections and other flight operations that could be performed safely and more cost effectively with the use of small 

UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft or other methods such 

as lift trucks, cranes or booms. Operations will be performed only at the request of, and with the authorization and 

permission of clients or their authorized agents. So long as such operations are conducted within and under the

conditions outlined herein or as may be established by the FAA as required by Section

333. The conditions identified and proposed by the petitioner are drawn fromreference 1-4.

Requested Exemption

The petitioner seeks exemption from the above mentioned FARs for the following reasons:

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of pilots, who hold a PRIVATE 

PILOT (or greater) certificate. Any pilots operating under this exemption would be required to comply with any 

conditions as set forth and in a similar fashion to the previously granted exemptions. 

91.119(c); As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to 

the ground may require that the UA be operated closer than 500 feet to essential persons, or objects that would not be 

possible without additional relief. The petitioner requests modification, waiver or exemption and clarification 

concerning the terms “congested areas” and “densely populated”. The petitioner requests waiver for this condition to 

allow reasonable and responsible operations in areas of subdivisions and neighborhoods if required.

91.121; As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not have an 

altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information.

91.151(a); As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONSLLC) prior relief has been 

granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, 

and 10650. In addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for 

daytime, VFR conditions. The UAS provides battery power remaining in percent to the PIC. The UA batteries provide 

approximately 25 minutes of poweredflight.

Information provided in the operating documents discusses procedures regarding remaining battery power management. 

Those documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches 

a specified level. Given the limitations on proposed operations and the location of those proposed operations, The FAA 

found that a reduced minimum power reserve for flight in daytime VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b); As discussed in Exemption 11138 (DOUGLAS 

TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance 

with the operating documents. The FAA found that adherence to the petitioner’s operating documents and the conditions 

and limitations specified, describing the requirements for maintenance, inspection, and record keeping, were sufficient 

to ensure that safety would not be adversely affected.

UAS Models to be Used

The DJI Inpire 1 is a small rotorcraft in the quadcopter configuration with an advertised weight 3400g and is 

equipment with a custom high definition camera. It has an advertised maximum speed of 40 mph. It is powered by four 

electric motors'. It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with 

global positioning system (GPS) to maintain its geospatial orientation and position. It is also controlled in hover by 

Vision Positioning System that senses the ground. It is controlled primarily through an FCC certified radio control (RC) 
unit. Real time video and telemetry information are transmitted back to a ground control unit allowing the operator 

and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and 

control camera angle. It has fail-safe modes of operation for either loss of RC or GPS signal. Altitude can be limited by 

the on-board flight controller and maximum altitude can be programmed by the PIC. Battery life limits flight times to 

approximately 18 minutes. The on-boardflight controller will warn the pilot via telemetry and external lighting cues 

before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery 

reaches a predetermined low state. A return-to-home (RTH) feature can be manually initiated with the press of a button. 

It is anticipated that flights will usually last less than 15 minutes. More information is available at the attachment URL,

above.

The DJI Phantom 3 is a small rotorcraft in the quadcopter configuration with an advertised weight 1280g and is 

equipment with a custom high definition camera. It has an advertised maximum speed of 36 mph. It is powered by four 

electric motors'. It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with 

global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an 

FCC certified radio control (RC) unit. Real time video and telemetry information are transmitted back to a ground 

control unit allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance 

from PIC, camera imagery, and control camera angle. It has fail-safe modes of operation for either loss of RC or GPS 

signal. Altitude can be limited by the on-board flight controller and maximum altitude can be programmed by the PIC. 

Battery life limits flight times to approximately 25 minutes. The on-boardflight controller will warn the pilot via 

telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing 

will be initiated when the battery reaches a predetermined low state. A return-to-home (RTH) feature canbe manually 

initiated with the press of a button. It is anticipated that flights will usually last less than 20 minutes. More information 

is available at the attachment URL, above.

The 3dr Solo is a small rotocraft in a quadcopter configuration with an unladen weight of 1500g and when equipped 

with a GoPro and gimbal -1750g. It is designed to be integrated with the GoPro line of high definition cameras. It has 

an advertised maximum speed of 55 mph. It is powered by four 880 kV electric motors. It utilizes an internal inertial 

measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain

its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real 

time video and telemetry information are transmitted back to a ground control unit allowing the operator and/or PIC to 

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera

angle. It has fail-safe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the on-board 

flight controller and maximum altitude can be programmed by the PIC. Battery life limits flight times to approximately 

20 minutes. The on-boardflight controller will warn the pilot via telemetry and external lighting cues before reaching a

low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a 

predetermined low state. A return-to-home (RTH) feature can be manually initiated with the press of a button. More 

information is available at the attachment URL, above.

Risk Mitigation

The petitioner has reviewed FAA exemptions reference’s 1-4 Conditions and Limitations section and believes that the 

procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk and ensure public 

safety. Apreflight checklist will be developed and employed to ensure that the UA airworthiness will be verified before 

launch. Airworthiness will be maintained by performance ofroutine inspections before each flight, maintaining flight 

and maintenance logs to record time on failure prone components.

The petitioner requests that in a manner similar to reference 4, he be allowed to operate within 5 miles of an airport 

provided that a letter of agreement with the airport’s management is obtained or otherwise permitted by Certificate of 

Authorization (COA). 
Public Interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to 

similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel.

Additionally, use of the UAS in order to facilitate commerce could lead to economic growth. Operations for this 

petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, 

amenities, and benefits of their desired photographic subjects that cannot be displayed through ground level 

videography/photography.Aerial photography is a valuable marketing tool that can lead to increased commerce and 

enhance personal photography. Crop surveying applications could lead to decreased use of pesticides and fertilizer and 

conservation of water as well as increased crop yields and decreased costs. Aerial surveying and inspections can 

increase work site efficiency, improve volumetric estimations and reduce risks. The process of insurance underwriting 

evaluation and damage assessment will be streamlined. Areas not accessible by foot or too damaged to safely reach data 

will be able to be rapidly documented. The petitioner will provide clients with photographic data for these purposes on 

a ‘for hire’ basis acting as an independent contractor. A visual observer will be utilized. Liability insurance will be

obtained commensurate with the granting of this request for exemption. Flight data including UA flight time, Control 

Unit operation time, incident, accident, and details concerning any deviations from normal operations will be available 

to FAA for use in collecting data regarding the use of UAS as part of this application. This data may be submitted to

FAA via traditional means, e.g. COA Monthly Reports, or other means asrequired.

Conclusion

The petitioner is requesting this exemption for the purposes of “Aerial photography, cinematography, videography, 

mapping and photogrammetry, crop surveying, inspections, appraisals and insurance evaluation, and other flight 

operations”. The request for several uses of the UAS is to allow for future demand to be met without the need for 

additional exemptions to be filed. There is already a high demand for real estate photography, crop surveying, and aerial 

inspection ofproperty.

Use of an UAS would ultimately provide a tool that is far safer, more cost effective and more timely than other 

methods. The primary purpose of seeking this exemption is to obtain the capability to offer those services while 

remaining in compliance with FAA regulations.

Sincerely,

Micah H. Oberholzer

Ascend Imaging, LLC